Act, which reads thus :
"85. Repeal and saving.-(1) The
Arbitration (Protocol and Convention)
Act, 1937 (6 of 1937), the Arbitration
Act, 1940 ... Act repealed
the 1940 Act (10 of 1940). Sub-section (2), however,
notwithstanding such repeal makes the 1940 Act applicable in
relation to arbitral proceedings
respondent-herein under Sections 30 and 33 of
the Arbitration Act, 1940 questioning an award dated 29.4.2002 passed by
three learned arbitrators appointed by this ... Arbitration Act, completely
prohibits a Civil Court from deciding the
existence and validity of the arbitration
agreement and Section 41 , Arbitration Act lays
down that
DIFFERENCE BETWEEN THE 1996 ACT AND THE 1940 ACT :
The 1996 Act makes a radical departure from the 1940 Act. It has
embodied the relevant ... Scheme of 1996 Act is absolutely distinct and different from the
1940 Act as also the 1961 Act.
In the 1940 Act, no reason
Bench concluded :
"1. The provisions of the old Act (Arbitration Act, 1940 ) shall apply in
relation to arbitral proceedings which have commenced before coming ... Arbitration and Conciliation Act,
1996 came into force on 25-1-1996, would be enforced under the provisions
of the Arbitration Act, 1940
terms of Sections 33 and 9 of the
Arbitration Act, 1940 which was allowed. Being aggrieved by and
dissatisfied with the judgment of the District ... however, filed
objections thereto in terms of Section 30 of the Arbitration Act, 1940.
By reason of an order dated 23.8.1995 the said applications
terms of Sections 33 and 9 of the
Arbitration Act, 1940 which was allowed. Being aggrieved by and
dissatisfied with the judgment of the District ... however, filed
objections thereto in terms of Section 30 of the Arbitration Act, 1940.
By reason of an order dated 23.8.1995 the said applications
terms of Sections 33 and 9 of the
Arbitration Act, 1940 which was allowed. Being aggrieved by and
dissatisfied with the judgment of the District ... however, filed
objections thereto in terms of Section 30 of the Arbitration Act, 1940.
By reason of an order dated 23.8.1995 the said applications
terms of Sections 33 and 9 of the
Arbitration Act, 1940 which was allowed. Being aggrieved by and
dissatisfied with the judgment of the District ... however, filed
objections thereto in terms of Section 30 of the Arbitration Act, 1940.
By reason of an order dated 23.8.1995 the said applications
parties entered into an arbitration agreement. The decree holder initiated proceedings under Section 8 of the Arbitration Act, 1940 as regards appointment of an umpire ... arbitration proceedings under Section 21 , include Small Cause Court.
6. An application filed under Sections 8 or 20 of the Arbitration Act, 1940 would
settled mutually by negotiation, shall be
referred to arbitration under the Indian Arbitration
Act, 1940 , as amended from time to time, by
appointing some agency ... award prior to coming into force of the 1996 Act, namely, the
1940 Act, the Arbitration (Protocol and Convention) Act, 1937 and the
Foreign Awards
